Alternative Dispute Resolution

With construction booming in the recent years and to avoid delays in major infrastructure and building projects which may place at risk economic growth in Hong Kong, there is a growing trend of adopting the use of alternative dispute resolution mechanisms as cheaper and faster ways to settle construction disputes in addition to arbitration and litigation.

In view of this, the Council of Hong Kong Institute of Construction Managers (HKICM) has resolved during its Meeting on 19 December 2013 to establish a Dispute Resolution Committee, by consolidating the existing Mediation and Expert Witness Committees and the proposed Adjudication Committee, to advise the Council on all matters relating to alternative dispute resolution and in particularly concerning the construction management profession.

Membership and Terms of Reference
The Dispute Resolution Committee is set up (i) to arouse interest and to promote the use of appropriate forms of dispute resolution mechanisms for handling construction disputes; (ii) to provide basic knowledge, through organizing various training courses, for the HKICM members so as to assist them to be versed with various mechanisms used in resolving construction disputes, in particular those commonly found in the standard forms of contract both locally and internationally.

As a result, the Institute will establish and maintain its own Lists of Accredited Mediators, Expert Witnesses and Adjudicators (Lists), which are inclusive of HKICM members who have met the requirements established by the Committee from time to time for accreditation and inclusion thereon.

The purpose of the Lists is to facilitate the construction practitioners, the community or the public to appoint the suitable mediator, expert or adjudicator with in-depth experience in construction practice and sound knowledge of solving disputes in construction industry.

It is also our vision that if and when appointed in any of the positions in the dispute resolution mechanisms, either as mediator, expert witness or adjudicator, the Professional Construction Manager would have the basic knowledge to facilitate the proper discharge of his duty in these roles.